|
3. TAXI
BY-LAW – AMENDMENTS RELATED TO VEHICLE STANDARDS, METER RATE ADJUSTMENTS AND
MINOR ADMINISTRATIVE CORRECTIONS REGLEMENT SUR LES SERVICES
DE TAXI – MODIFICATIONS DES STANDARDS DES VEHICLES, L’AJUSTEMENT DES TARIFS
DE TAXIMETRE ET MODIFICATIONS ADMINISTRATIVES MINEURES |
Committee
RecommendationS AS AMENDED
That Council:
1. Approve amendments to Taxi By-law Number 2005-481, as
amended, to be effective July 1, 2010 as outlined in this report and attached
in Document 1, to:
(a) Replace outdated vehicle standards that prevent approval of
some low emission and hybrid vehicles from becoming taxicabs;
(b) Revise the implementation date for taxicab drivers to have
completed the Refresher Training Course as a condition for renewing their
licenses;
(c) Approve
a taxi meter rate adjustment based on:
(i) the introduction of the Harmonized Sales Tax on July 1,
2010; and
(ii) the scheduled repeal of the ten ($0.10) cent surcharge on the
drop rate on October 1;
(d) Clarify that License Committee decisions are to be given to
the Chief License Inspector within seven (7) business days rather than the
stated seven (7) days, as currently provided in the Taxi By-law; and
(e) Effect housekeeping matters related to spelling and to
correct typographical errors.
2. Receive
information outlined in this report respecting:
(a) Taxi
Driver Appreciation Event; and
(b) The
2010 Bandit Cab Public Awareness Programme.
3. Request
that the Province of Ontario grant municipalities the authority to impound
vehicles that are known to have operated as bandit cabs or that are operating
as bandit cabs, and that the City Clerk be directed to send such a request to
the Ministers of Municipal Affairs and of Transportation
4. Request
that the Province of Ontario provide additional financial incentives to offset
the higher costs of hybrid or electrically powered vehicles being used in
taxicab fleets in Ontario, and that the City Clerk be directed to forward such
request to the Ministers of Transportation and of the Environment.
5. Approve
that a licensed standard or accessible taxi driver with no less than 10 (ten)
years experience as a license taxi driver in the City of Ottawa be exempt from
the requirement to complete the basic and accessible education training course
if this/her license has lapsed and the individual wishes to apply for a new
license, provided that all other requirements of the By-law are met and that
these individuals be subject to an additional $300.00 application fee in order
to re-apply for a license.
RecommandationS MODIFIÉES DU Comité
Que le Conseil :
1. approuve
les modifications au Règlement sur les taxis numéro 2005-481, tel qu’il a été
modifié, qui entreront en vigueur le 1er juillet 2010, comme il est expliqué
dans le présent rapport et joint dans le Document 1, afin :
a) de
remplacer les normes concernant les véhicules devenues désuètes et qui
empêchent d’obtenir les approbations nécessaires pour que certains véhicules
produisant peu d’émissions et véhicules hybrides soient acceptés comme
véhicules taxi;
b) d’établir
une nouvelle date limite pour la formation de perfectionnement, condition au
renouvellement du permis de taxi des chauffeurs;
c) d’approuver
la proposition de rajustement du tarif des taximètres en fonction :
i) de
la mise en œuvre de la taxe de vente harmonisée le 1er juillet 2010;
ii) de
l’abandon le 1er octobre de la surcharge de dix cents (0,10 $) sur le tarif de prise en charge.
d) de
préciser que les décisions du Comité des permis doivent être transmises à
l’inspecteur en chef des permis dans un délai de « sept jours ouvrables »
plutôt que les « sept jours » mentionnés, comme il est indiqué dans le
Règlement sur les taxis;
e) de
prendre en considération les questions administratives concernant l’orthographe
et de corriger des erreurs typographiques.
2. prenne
en considération l’information présentée dans ce rapport concernant :
a) la
possibilité d’organiser un événement pour exprimer de la reconnaissance envers
les chauffeurs de taxi,
b) le programme de 2010 de
sensibilisation aux taxis pirates.
3. exige
de la province de l’Ontario qu’elle accorde aux municipalités le pouvoir de
saisir les véhicules reconnus pour avoir été utilisés comme taxis sans permis,
ou étant actuellement utilisés comme tels, et que le greffier municipal soit
chargé de présenter la demande au ministre des Affaires municipales et au
ministre des Transports.
4. exige
que la province de l’Ontario mette en place des incitatifs financiers
additionnels pour compenser les coûts élevés des véhicules hybrides ou électriques
utilisés dans les flottes de taxis de l’Ontario, et que le greffier municipal
soit chargé de présenter la demande au ministre des Transports et au ministre
de l’Environnement.
5. approuve
qu’un chauffeur de taxi autorisé offrant un service régulier ou adapté et
cumulant au moins 10 (dix) années d’expérience à ce titre dans la ville
d’Ottawa, soit exempté des exigences en matière de formation de base et de
services adaptés, si son permis est expiré et qu’il ou elle désire demander un
nouveau permis, pour autant qu’il ou elle respecte toutes les autres exigences
du règlement et s’acquitte des frais de dossier additionnels de 300,00 $
exigés pour toute nouvelle demande de permis.
Documentation
1. Deputy City Manager's report, City
Operations dated 26 May 2010 (ACS2010-COS-EPS-0025).
2. Extract of Draft Minutes, 3 June
2010.
Report
to/Rapport au :
Community
and Protective Services Committee
May 26 2010
/ le 26 mai 2010
Submitted
by/Soumis par : Steve Kanellakos
Deputy
City Manager/Directeur municipal adjoint,
City
Operations/ Opérations municipales
Contact
Person/Personne ressource : Linda Anderson
Chief
By-law and Regulatory Services/Service des reglements municipaux
(613)
580-2424 x29257, linda.anderson@ottawa.ca
|
Ref N°: ACS2010-COS-EPS-0027 |
SUBJECT : TAXI BY-LAW –
AMENDMENTS RELATED TO VEHICLE STANDARDS, METER RATE ADJUSTMENTS AND MINOR
ADMINISTRATIVE CORRECTIONS
OBJET : REGLEMENT
SUR LES SERVICES DE TAXI – MODIFICATIONS DES STANDARDS DES VEHICLES,
L’AJUSTEMENT DES TARIFS DE TAXIMETRE ET MODIFICATIONS ADMINISTRATIVES
MINEURES
That the Community and Protective
Services Committee recommend Council:
1. Approve
amendments to Taxi By-law Number 2005-481, as amended, to be effective July 1,
2010 as outlined in this report and attached in Document 1, to:
(a)
Replace outdated vehicle standards that prevent
approval of some low emission and hybrid vehicles from becoming taxicabs;
(b)
Revise the implementation date for taxicab drivers to
have completed the Refresher Training Course as a condition for renewing their
licenses;
(c)
Approve a taxi meter rate adjustment based on:
(i)
the introduction of the Harmonized Sales Tax on July
1, 2010; and
(ii)
the scheduled repeal of the ten ($0.10) cent surcharge
on the drop rate on October 1;
(d)
Clarify that License Committee decisions are to be
given to the Chief License Inspector within seven (7) business days rather than
the stated seven (7) days, as currently provided in the Taxi By-law; and
(e)
Effect housekeeping matters related to spelling and to
correct typographical errors.
2. Receive
information outlined in this report respecting:
(a)
Taxi Driver Appreciation Event; and
(b)
The 2010 Bandit Cab Public Awareness Programme.
Le Comité des services
communautaires et de protection recommande au Conseil :
1. D’approuver les
modifications au Règlement sur les taxis numéro 2005-481, tel qu’il a été
modifié, qui entreront en vigueur le 1er juillet 2010, comme il est
expliqué dans le présent rapport et joint dans le Document 1, afin :
a) de remplacer les normes
concernant les véhicules devenues désuètes et qui empêchent d’obtenir les
approbations nécessaires pour que certains véhicules produisant peu d’émissions
et véhicules hybrides soient acceptés comme véhicules taxi;
b) d’établir une nouvelle date
limite pour la formation de perfectionnement, condition au renouvellement du
permis de taxi des chauffeurs;
c) d’approuver la proposition
de rajustement du tarif des taximètres en fonction :
i)
de la mise en œuvre de la taxe de vente harmonisée le 1er
juillet 2010;
ii)
de l’abandon le 1er octobre de la surcharge de dix cents
(0,10 $) sur le tarif de prise en
charge.
d) de préciser que les
décisions du Comité des permis doivent être transmises à l’inspecteur en chef
des permis dans un délai de « sept jours ouvrables » plutôt que les
« sept jours » mentionnés, comme il est indiqué dans le Règlement sur
les taxis;
e) de prendre en considération
les questions administratives concernant l’orthographe et de corriger des
erreurs typographiques.
2. De prendre en considération
l’information présentée dans ce rapport concernant :
a)
la possibilité d’organiser un événement pour exprimer de la
reconnaissance envers les chauffeurs de taxi,
b)
le programme de 2010 de sensibilisation aux taxis pirates.
This report recommends amendments to the Taxi
By-law to move toward a greener taxi fleet by repealing outdated taxicab
standards (such as exterior length and trunk capacity) and introducing flexible
standards aimed at regulating the interior dimensions and providing more
flexibility related to trunk capacity for hybrids and other low emission
vehicles. The report also recommends that implementation of the provision
requiring taxi drivers to have completed a refresher training course as a
condition of the renewal of their taxicab driver licenses be extended from the
2010 to the 2012 renewal period, to allow more time to secure the required
agreement, training facilities and documentation. A taximeter rate adjustment of 8% is
recommended to address the increase relating to the Province’s introduction of
the Harmonized Sales Tax (HST) on July 1, 2010, and the Council’s scheduled
repeal of the $0.10 surcharge on the taximeter drop rate. The report seeks
authority to correct minor referencing errors and administrative oversights
identified during a review of the Taxi By-law. Information related to the
proposed 2010 Bandit Cab Public Awareness Campaign and a proposed Taxicab
Driver Appreciation Event is provided.
The recommendations will have no financial
impact on the City. If adopted the
recommendation related to the taximeter rate will result in increased fares for
customers.
Consultation included the publication of a notice in the Ottawa Citizen,
the Ottawa Sun and Le Droit on May 7, and again on May 14, 2010, notifying the
general public of the proposed recommendations and the date, time and location
of the Community and Protective Services Committee meeting at which the
recommendations will be considered. The
notice also provided the public the name and contact information of the
appropriate staff, for people wishing to obtain more information, provide
comment or wishing to attend the meeting in person. In April and May, staff met with taxi brokers
and representatives of the taxi driver union to present the recommendations and
solicit comments and suggestions. No
comments were received as a result of the Notices. On May 26th, the National Representative of
CAW Canada, representing the taxicab drivers requested an increase of 8% to
reflect the new HST and an additional 3.5% to offset increased costs to operate
a taxi.
Le présent rapport recommande d’apporter des
modifications au Règlement sur les taxis afin de mettre graduellement en place
un parc de véhicules plus écologiques en révoquant les normes désuètes
relatives aux voitures taxis (comme la longueur extérieure et la capacité du
coffre) et en mettant en œuvre des normes mieux adaptées de réglementation des
dimensions intérieures tout en offrant une plus grande flexibilité relativement
à la capacité du coffre pour les véhicules hybrides et autres véhicules
produisant peu d’émissions. Le rapport contient également une recommandation relative
à la disposition exigeant que les chauffeurs de taxi aient suivi une formation
de perfectionnement, une condition au renouvellement du permis de taxi. Le
rapport recommande que l’application de cette disposition soit prolongée de la
période de renouvellement de 2010 à celle de 2012, afin qu’il y ait plus de
temps pour préparer les installations de formation et la documentation. Un rajustement de 8,0 % du tarif du
taximètre est également recommandé afin de tenir compte de l’augmentation
relative de la mise en place de la nouvelle taxe de vente harmonisée
provinciale le 1er juillet 2010 et de l’abandon prévu par le Conseil
de la surcharge de dix cents (0,10 $)
sur le tarif de prise en charge. Le rapport demande l’autorité
nécessaire pour rectifier des erreurs de référencement mineures et diverses
omissions administratives relevées durant un examen du Règlement sur les taxis.
Le rapport contient aussi de l’information concernant le projet de campagne de
sensibilisation de 2010 sur les taxis pirates et sur un événement qui serait
organisé en reconnaissance des chauffeurs de taxi.
Ces recommandations n’ont pas d’incidence
financière sur la Ville. Si elle est
adoptée, la recommandation liée au tarif du taximètre entraînera une hausse du
tarif pour les clients.
Les consultations ont été annoncées au moyen
d’un avis dans le Ottawa Citizen, le Ottawa Sun et Le Droit le 7 mai, et de nouveau le 14 mai 2010, afin d’informer le
public des recommandations proposées ainsi que de la date, de l’heure et de
l’emplacement de la réunion du Comité des services communautaires et de
protection pendant laquelle les recommandations seront prises en compte. L’avis contenait également les coordonnées
des membres du personnel responsables, à pour ceux qui auraient souhaité obtenir
de plus amples renseignements, formuler des commentaires ou qui avaient
l’intention d’assister en personne à la réunion.
En avril et mai, les membres du personnel ont
rencontré des représentants syndicaux des chauffeurs de taxi et des entreprises
de taxi pour leur présenter les recommandations et obtenir leurs commentaires
et leurs suggestions. Aucun commentaire n’a été reçu à la suite de ces avis.
Le 26 mai, le représentant national de
TCA-Canada, qui défend les intérêts des chauffeurs de taxi, a requis une
augmentation de 8 % afin de refléter la nouvelle TVH et un autre 3,5 % afin de
compenser l’augmentation des coûts d’exploitation d’un taxi.
Section 151 of the Municipal Act, 2001, as
amended, empowers municipalities to license and regulate any business wholly or
partly carried on within a municipality even if the business is being carried
on or from a location outside the municipality and includes the sale or hire of
goods or services on an intermittent or one-time basis. Section 156(1) of the Act relating to taxicab
licensing, empowers a municipality to establish the rates or fares to be
charged for the conveyance of property or passengers, provide for the
collection of the taxi rates or fares, and limit the number of taxicabs or any
class of them.
On May 28, 2008,
Council directed staff to report back on existing standards for taxicabs that
will, in part, identify measures available to encourage the use of more fuel
efficient vehicles (e.g. Hybrid vehicles).
Taxicab
vehicle standards currently prescribed in the Taxi By-law currently prevents a
number of low emission vehicles such as some hybrids from being introduced in
the taxicab fleet because many of the hybrid vehicles fail to meet the
prescribed 0.45 cubic metre (16 cubic feet) trunk space capacity or overall
minimum exterior dimensions.
The
existing standards are outdated as these continue to regulate exterior
dimensions of vehicles, even though carmakers have been reducing overall
vehicle dimensions in order to reduce weight and increase fuel efficiency. Newer vehicles are as safe or safer despite
their smaller dimensions and the interior dimensions can offer comfortable
cabin space for passengers (comparable to the older makes and models).
Staff
recommends the repeal of provisions that currently prevent a number of
low-emission vehicle models, such as hybrids or other vehicles powered by
alternative sources, from being introduced in the taxi fleet.
The
proposed vehicle standards will instead mostly regulate the interior dimensions
thus ensuring safety and comfort for passengers and encouraging the use of more
fuel-efficient vehicles.
The
benefits of utilising low emission vehicles such as hybrids, electric or other
environmentally friendly vehicles are not limited to the environment. Research has shown that many low emission
vehicles are likely to have less maintenance issues and significantly reduce
the owners’ fuel costs especially when the vehicle is well travelled.
Following
a review of regulations in other jurisdictions, staff also recommends that the
current by-law definition of “low emission vehicle” be amended to include
hybrid vehicles and electrically powered vehicles in order to expand on the
currently listed propane and natural gas powered vehicles.
By including hybrid and electric cars in the definition of low
emission vehicle these types of vehicles if approved will benefit from the
additional one-year of taxicab service incentive.
On July 2007, Council approved the introduction of a taxi driver refresher training course.Council directed that for public safety reasons, commencing during the 2010 licence renewal period and every second year thereafter, as a condition of the renewal of their standard taxicab driver and accessible taxicab driver licences, the licensed driver provide a certificate attesting that he or she has successfully completed the prescribed refresher training course.
It was further directed that the refresher training course provide ongoing education in the areas of customer service, conflict management and interactions with intoxicated customers. It was also recommended that the course include a more formal role involving the Ottawa Police Service. As directed by Council, the refresher training course is to be conducted by the Union in accordance with the content and evaluation regime prescribed by the Chief License Inspector (CLI) and that the CLI report back to the Community and Protective Services Committee on the matter as required.
After
significant discussions with the course providers, regarding the course outline
and duration, the refresher training course is only now being finalized. Class location and availability is also being
negotiated. Once complete, staff
anticipates that an eight (8) to sixteen (16) months period will be required to
provide training to all taxicab drivers.
As
such, staff recommends the following amendment to the related section of the
Taxi By-law:
S.56A
Commencing in 2010
2012 and every two years thereafter, every licensed standard taxicab driver and
accessible taxicab shall be required to successfully complete the Refresher Training
Course as a condition of renewal of his or her licence.
Section
55 of the Taxi By-law outlines the process for taximeter rate adjustments as
follows:
(1)
Taximeter rates
shall not be adjusted more than once a year.
(2)
The date of the
meter rate adjustment, if any, shall be October 1st .
(3)
Applications for
adjustment to the taximeter shall be submitted to the Chief Licence Inspector
on or before June 1st of the year in which the adjustment is to take
effect.
(4)
If no application
for a taximeter adjustment is received by the Chief Licence Inspector on or before June 1st, there shall
be no consideration of a taximeter adjustment until June 1st of the
following year.
(5)
The amount of the
adjustment shall not exceed the percentage annual increment in the Taxi Cost
Index as set out in Schedule “E” from April 30th of the previous
year to April 30th of the current year that the rate is to take
effect.
(6)
Consideration
shall be given to a taximeter rate adjustment only upon application from a
licensed driver or certified union or association representing licensed
drivers.
On May 26th, the National
Representative of CAW Canada, representing the taxicab drivers requested an
increase of 8% to reflect the new HST
and an additional 3.5% to offset increased costs to operate a taxi
Taximeter Rate Adjustment Review
Taxi Cost Index (TCI) variation
The
Taxi By-law prescribes that taximeter rate adjustments are to be calculated by
using the Taxi Cost Index which was
revised and approved by Council in 2002 to calculate the regional variation in
costs related to the operation of a taxicab.
The Taxi Cost Index figures are
derived from data provided by Statistics Canada Consumer Price Index. For the purpose of calculating meter rate
adjustments, the Taxi By-law prescribes using statistics from April 30 of the
previous year to April 30 of the current year that the rate is to take
effect.
By-law
and Regulatory Services calculates that a taximeter rate adjustment based on
Statistics Canada data for the period between April
30th 2009 and April 30th 2010, (data related to
the Taxi Cost Index) would result in a taximeter rate adjustment of 1.8%. Further review of the taximeter rate
adjustments approved since 2001 reveal that those adjustments exceeded those
permitted under the TCI prescribed by-law provisions by approximately 11%.
As
such By-law and Regulatory Services does not support the request by the taxi
union for an increase of eleven point five percent (11.5%) which is comprised of 8% for the HST and 3.5%
for the increased costs to operate a taxi.
By-law
and Regulatory Services recommends an eight percent (8%) increase related to
the introduction of the HST to be effective July 1st, 2010.
Despite
the development of a Taxi Cost Index which was intended to be used as the
guideline to establish fare increases, members of the taxi industry have
expressed concern that the prescribed formula for calculating fares may be
outdated. Subject to the direction of
Council, staff would be willing to work with the taxi industry to conduct a
review of the Taxi Cost Index and report back on potential options that can
more accurately reflect the cost of operating a taxicab.
Harmonized Sales Tax (HST) – 8% Impact on Taximeter
Rate
The
introduction of the Harmonized Sales Tax (HST) scheduled for July 1, 2010 will
have a significant impact on taxi driver revenues. Like the five percent (5%) Federal Goods and
Services Tax (GST) the HST (an additional 8%) will be included in the amount
shown on the taximeter, and will be included in taxicab
fare collected from the paying passenger, and will be remitted to the Federal
Government by the taxi driver.
Should
the taximeter rate not be adjusted, the introduction of the HST will result in
an eight percent (8%) pressure on taxi drivers’ revenue. Failure to provide the recommended increase
will result in an actual decrease in driver revenue.
By-law
and Regulatory Services proposes a by-law amendment that will allow for a
taximeter rate adjustment that incorporates consideration for the one time
pressure created by the introduction of the HST.
Taxi Meter Rate - Ten Cent ($0.10)
Surcharge – Scheduled October 1, 2010 Repeal
The ten cent ($0.10) surcharge
approved by Council on May 28, 2008, and applied to the taximeter drop rate to
help taxicab owners offset the costs related to installation and maintenance of
the in-cab camera, is scheduled for repeal on October 1, 2010, as prescribed by
Council.
Adjustments to taximeters are
consuming of time and resources. Staff recommends that only one taximeter
adjustment be undertaken in 2010, and that the taximeter be adjusted commencing
on July 1, 2010 until all taximeter seals are inspected during the prescribed
Fall 2010 inspections.
An amendment to the Taxi
By-law is required to give effect to the proposed date changes.
Proposed 2010 Taxi Meter Rate
Adjustment – Eight Percent (8%)
Staff
recommends that Council approve an eight percent (8.0%) increase in the
taximeter rate. The proposed eight percent
(8.0%) increase addresses the introduction of the HST, and will readjust the
taximeter rates that have taken place between 2001 and 2010, to concur with the
TCI variations for the same period.
Because meter rate
calibrations and the requisite inspections are consuming of time and resources,
staff recommends that only one taximeter rate adjustment be effected in
2010. Therefore to combine the rate
adjustment and the repeal of the ten cent ($0.10) surcharge, staff recommends
making the meter rate adjustment effective on the earlier date of July 1, as
this will allow taxi drivers to begin collecting the new adjusted rates as
early as possible.
The
proposed eight percent (8.0%) increase will result in the taxi travelling
public absorbing the HST.
The industry agrees that the
proposed taximeter adjustment, including the repeal of the ten cent ($0.10)
surcharge, be effective July 1, 2010.
Current
Current Taxi fare
|
Drop Rate $3.30 for 1st 110m - $0.16
per add. 93m - $0.16 per 24 seconds |
|||
|
|
5 km trip |
10 km trip |
35 km trip |
|
Fare |
$11.71 |
$20.32 |
$63.03 |
Recommended
8.0%
Taxi fare Adjustment – to take effect on
July 1, 2010
|
Drop Rate $3.45 for 1st 150m - $0.16
per add. 86m - $0.16 per 24 seconds |
|||
|
|
5 km trip |
10 km trip |
35 km trip |
|
Fare |
$12.47 |
$21.78 |
$68.29 |
Staff
has identified minor housekeeping matters. This recommendation is sought to
authorize staff to amend the Taxi By-law to correct these minor discrepancies.
Approval
of this recommendation will allow staff to correct the following types of minor
errors:
(i)
numbering and
lettering of sections, subsections,
paragraphs and clauses used to
reference the various by-law provisions,
and
(ii) spelling
and typographical errors.
The intent of the Taxi By-law will in no way be modified and similarly there will be no impact to taxi service providers or the public.
Recommendation 2
That
the Community and Protective Services Committee receive the following related
information:
2(a) Taxi Driver Appreciation
Program Ceremony
On
June 8, 2010, the City of Ottawa will hold its first Taxi Driver Appreciation
Ceremony to honour taxicab drivers selected by the public, their peers and
By-law and Regulatory Services for their positive influence on the taxi industry,
their long service and their service excellence.
It
is recognized that Ottawa’s taxicab drivers are ambassadors of the City since
they are one of the first people visitors see and are, therefore, integral in
ensuring a positive overall experience.
As well, our taxicab drivers are recognized as being an important
component of Ottawa’s public transportation system for many of our residents.
It
is further recognized that some drivers provide exemplary service. These
occurrences are reported through various channels – letters, phone calls or
e-mails directly to the various Brokers and/or the City of Ottawa. Some acts of
outstanding service are reported directly through media channels.
The
Taxi Stakeholder Consultation Group and By-law and Regulatory Services
established a mechanism to gather, substantiate and formally recognize
long-service or exemplary acts.
Invitation for Nominations
In
January 2010, a bilingual notice of the Taxi Driver Recognition Program was
mailed to all licensed taxicab drivers, taxi plate holders and taxi
brokers. The notice provided a brief
description of the event, listed the five (5) award categories and called for
nominations to be reviewed by the Taxi Stakeholder Consultation Group.
All
compliments about exemplary service by a taxicab driver reported to the City of
Ottawa by means of contact information on the tariff card (3-1-1 or
taxihotline@ottawa.ca)are directed to By-law and Regulatory Services.
All
compliments reported to taxicab Brokers, when driver can be identified through
information provided by the member of the public, to be forwarded to By-law and
Regulatory Services (bylawservices.ca).
Award Categories
Awards
will be presented in the categories of Excellent Customer Service, Access for
All, Heroism, Role Model and Lifetime Achievement if suitable candidates are
identified.
Notice to Nominated Drivers
By-law
and Regulatory Services will send a letter advising the driver that he or she
has been nominated for one of the recognition categories.
Details
of the nomination will be provided and will commend the driver on the good
service. The letter will advise that he
or she will be considered for recognition at the Taxicab Driver Recognition
Ceremony to be hosted by the City of Ottawa.
A copy of the letter will be forwarded to the Broker.
By-law
and Regulatory Services will add the
letter along with all relevant information to Taxicab Driver Recognition
Ceremony file for future review.
Selection and Review Process
The
Selection Committee comprised of three (3) members of the Taxi Stakeholder
Consultation Group and two (2) members of By-law and Regulatory Services,is
tasked with selecting the recipient taxicab drivers who will be invited to
attend the event along with a guest.
Substantiation of Information
By-law
and Regulatory Services will contact the nominating member of the public or
member of the taxi industry to confirm the information received. In cases where vehicle information has not
been provided, By-law staff will gather the relevant information to assist in
identifying the driver.
Once
the driver is identified, By-law and Regulatory Services will review the
driver’s Taxi License file to confirm if the driver is in good standing with
the City and will then contact the appropriate Broker to confirm that the
driver is in good standing with the Broker.
Once
the Selection Committee has determined the definitive list of Taxi Drivers to
be honoured, the By-law and Regulatory Services will notify the drivers and
invite these to attend the Taxi Driver Recognition Ceremony.
2010 - Taxi Driver Appreciation Ceremony
This
first annual Taxi Driver Appreciation Ceremony will be held at 1:00 p.m. on
June 8, 2010, in the Councillors Lounge at City Hall. Refreshments will be provided
By-law
and Regulatory Services will send invitations to Members of Council, senior
management staff, licensed Brokers, Dispatcher Coventry Connections, Taxi Union
Locals, Taxi Training Program Algonquin College trainers, Ottawa Tourism,
Ottawa Chamber of Commerce, Nominees and their families and media to attend the
ceremony.
The
awards, consisting of framed certificates, will be presented by the Mayor and
the Chair, Community and Protective Services Committee.
2(b) Information on the 2010
Bandit Cab – Public Awareness Programme
Ottawa’s
licensed taxicab industry has expressed concern about what is perceived to be a
growing number of local bandit operations and indicated they would like to see
additional measures put in place that will permanently eradicate this
potentially unsafe and illegal practice.
The
“Don’t Let The Bandit Take You for a Ride” campaign was first implemented in
2006. The education campaign is aimed at
the general public and businesses about the problems associated with taking
illegal taxis. This year’s Bandit Cab Campaign went public in the week
of May 17th with seventy-five Bus Board
Ads to run for a two-month period. In addition, a Public Service Announcement
has been issued to media outlets warning residents about the dangers of using
unlicensed taxicabs.
A
team of By-law Officers has initiated an enforcement blitz, to run concurrently
with the bus board ads, aimed at identifying and charging bandit taxicab
drivers. In 2009, an extensive enforcement initiative resulted in dozens of
charges against both bandit cab drivers and brokers. These cases are currently
advancing through the Court system with significant fines being imposed.
RURAL IMPLICATIONS
There are no specific rural
implications associated with the recommendations.
CONSULTATION
Consultation included the publication of a
notice in the Ottawa Citizen, the Ottawa Sun and Le Droit on May 7, and again
on May 14, 2010, notifying the general public of the proposed recommendations
and the date, time and location of the Community and Protective Services
Committee meeting at which the recommendations will be considered. The notice also provided the public the name
and contact information of the appropriate staff, for people wishing to obtain
more information, provide comment or wishing to attend the meeting in
person. In April and May, staff met with
taxi brokers and representatives of the taxi driver union to present the
recommendations and solicit comments and suggestions. The general public did not provide comments. On May 26th, the National Representative of
CAW Canada, representing the taxicab drivers requested an increase of 8% to
reflect the new HST and an additional 3.5% to offset increased costs to operate
a taxi.
COMMENTS BY THE WARD
COUNCILLOR(S)
N/A
LEGAL/RISK MANAGEMENT
IMPLICATIONS
There are no legal or risk
management implications with respect to the implementation of the
recommendations of this report.
CITY STRATEGIC PLAN
N/A
TECHNICAL IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
There are no financial
implications associated with this report.
SUPPORTING DOCUMENTATION
Document 1 – Proposed
Amending By-law
Document 2 – Ontario Municipalities Taximeter Rate Comparison
Chart
Document 3 – Request
for Meter Rate Adjustment
DISPOSITION
Legal Services in consultation with By-law and Regulatory Services to
process the amending By-law to Council for enactment.
DOCUMENT
1
BY-LAW NO. 2010-
A by-law of the City of Ottawa to amend By-law No. 2005-481 respecting the licensing, regulating and governing of taxicabs, taxicab drivers, taxicab plate holders and taxicab brokers in the regulated area.
The Council of the City of Ottawa enacts as follows:
1. Section 1, DEFINITIONS of By-law No. 2005-481 entitled “A by-law of the City of Ottawa to provide for the licensing, regulating and governing of taxicabs, taxicab drivers, taxicab plate holders and taxicab brokers in the regulated area of the City of Ottawa”, as amended, is amended by repealing the definition of “low emission vehicle” and substituting the following definition therefor:
“low
emission vehicle” means a motor vehicle that is a hybrid vehicle or a vehicle
that is powered by propane, natural gas or electricity;
2. Subsection
9(3) of the said By-law No. 2005-481 is repealed and the following subsection
is substituted therefor:
(3) Commencing in the
2012 renewal period, proof of successful completion of the Refresher Training
Course in accordance with Section 56A shall be a condition of renewal.
3. Section
56A of the said By-law No. 2005-481 is repealed and the following Section is
substituted therefor:
56A. Commencing in
2012 and every two years thereafter, every licensed standard taxicab
driver and licensed accessible taxicab driver shall be required to successfully
complete the Refresher Training Course as a condition of renewal of his or her
licence.
4. Clause
(g) of subsection 14(1) of the said
By-law No. 2005-481 is repealed and the following clause is substituted
therefor:
(g) proof that the motor vehicle in respect of which the taxi plate
holder licence is applied for complies with the vehicle standards set out in
Sections 42 and 43 as applicable;
5. Subsections
30(5) and 30(6) of the said By-law No. 2005-481 are repealed and the following
subsections are substituted therefor:
(5) ensure that the taxicab upon which the
standard taxi plate holder’s taxi plate or accessible taxi plate holder’s taxi
plate is affixed complies in all respects with the taxicab vehicle standards
set out in Sections 42 and 43, as applicable.
(6) inspect the taxicab upon which the taxi
plate is affixed within twenty-four (24) hours of being notified or otherwise
becoming aware of any defect in or of an accident involving a taxicab in order
to ensure it continues to meet all taxicab vehicle standards set out in Sections
42 and 43, as applicable.
6. Sections
42 to 47 related to TAXICAB VEHICLE STANDARDS of the said By-law No. 2005-481
and their headings are repealed and the following Sections substituted
therefor:
42. The
following motor vehicle standards apply to standard taxicabs and accessible
taxicabs:
(a)
the motor vehicle
shall have air conditioning,
(b)
the motor vehicle
shall be capable of seating at least five (5) and no more than seven (7)
individuals including the driver,
(c) the windshield and windows
shall be clear glass or lightly tinted, provided that the light tint:
(i)
is
non-reflective,
(ii)
is not darker
than 35% visible light transmission, and
(iii)
complies with
Section 73 of the Highway Traffic Act,
(d) every
safety equipment and comfort system for passengers shall be functioning,
(e) minimum
front seat specification of 40 inches as follows:
(i)
front seat leg
room: minimum 21 inches measured from the bottom of the gas pedal to the top
front edge of the front seat, and
(ii)
depth of front
seat: minimum 19 inches measured horizontally from the top front edge of the
front seat to the front most part of the front seat’s back rest,
(f) minimum
back seat specification of 27 inches as follows:
(i)
rear seat leg
room: minimum 10 inches measured horizontally from the top front edge of the
back seat and the back of the front seat, and
(ii)
depth of rear
seat: minimum 17 inches measured horizontally from the top front edge of the
rear seat to the front most part of the rear seat’s back rest,
(g) minimum width of the back seat shall be 54
inches,
(h) minimum trunk capacity or luggage storage
space shall be as follows:
(i)
if a sedan (other
than a low emission vehicle sedan), 16 cubic feet,
(ii)
if a van, 16
cubic feet, and
(iii)
if a low emission
vehicle, 10 cubic feet.
(i) no
motor vehicle shall be used as a taxicab unless at the time of the fall
inspection:
(i)
it is less than
seven (7) model years old, if it is for use as a standard taxicab;
(ii)
it is less than
eight (8) model years old, if it is a low emission vehicle for use as a
standard taxicab or an accessible taxicab other than a London Black Taxicab;
(iii)
it is less than
fourteen (14) model years old, if it is a London Black Taxicab;
43 No licensed
standard taxi plate holder or licensed accessible taxi plate holder shall
replace his or her taxicab with a replacement motor vehicle unless the
replacement motor vehicle is less than four (4) model years old at the time the
application is made to replace the taxicab.
44 For the
purpose of calculating the age of the motor vehicles as prescribed in
subsections 42 (i) and Section 43, the model year of the vehicle is not
included in the calculation.
.45 In subsection
42 (i) the expression “fall inspection” means the second regularly scheduled mechanical inspection conducted pursuant to Section
49.
46 The Chief
Licence Inspector may waive the provisions of
subsections 42(h)(ii) and (iii) where the
allowance for lesser trunk or storage capacity dimension is deemed to provide
an incentive to introduce more low emission vehicles in the taxi fleet.
.47 The Chief
License Inspector may:
(i)
keep and maintain
a list of approved makes and models of vehicles that meet the requirements of
this by-law and are otherwise deemed suitable for taxicab service, amend the
list of suitable vehicles, and
(ii)
add new suitable
models of vehicles as they become available, and,
(iii) add remove from the list, models that no longer meet
the requirements of this by-law or are otherwise no longer deemed suitable.
7. Subsections
52(1) of the said By-law No. 2005-481 is repealed and the following subsection
is substituted therefor:
52(1) Every
licensed standard taxi plate holder and every licensed accessible taxi plate
holder who replaces his or her taxicab shall apply to the Chief License
Inspector to change the taxicab with respect to which the taxi plate holder licence
is designated and shall comply with clauses (f), (g), (h), (i) and (j) of
Section 14 and Sections 18, 36, 42, 43, and
49, as applicable.
8. The
said By-law No. 2005-481 is amended by adding immediately after Section 55 the
following Sections:
55A. Despite
subsection 55(2), in 2010 the date of the meter rate adjustment shall be July
1.
55B Despite
subsection 55(5), in 2010 the amount of the meter rate adjustment may exceed
the percentage annual increment in the TCI, so as to address the introduction
of the Harmonized Sales Tax.
9. Subsection
66(2) of the said By-law No. 2005-481 is repealed and the following subsection
is substituted therefor:
66(2) No
application for the conversion of a standard taxi plate holder licence to an
accessible taxi plate holder licence shall be processed unless and until the
Chief License Inspector is satisfied that the proposed licensee will be in
compliance with Section 42 as it relates to
vehicle standards for accessible taxicabs.
10. Section 80 of the said By-law No.
2005-481 is repealed and the following Section is substituted therefor:
80. The
Licence Committee shall give its decision in writing to the Chief Licence
Inspector within seven (7)
business days of the date of the completion of the review hearing.
11. Schedule “B”, Tariff, of the said By-law No. 2005-481, is amended by repealing Item 1 and substituting the following item therefor:
1. One to Six Passengers
For the first 150 metres or part
thereof………………..$3.45
For each additional 86 metres
or part thereof………..$0.16
For each twenty-eight (24)
seconds waiting time
or part thereof while under
engagement………………$0.16
12. This by-law shall come into effect on July 1, 2010.
ENACTED AND PASSED this day of , 2010.
CITY
CLERK MAYOR
DOCUMENT 2
Ontario Municipalities - 5km
trip - Comparison Chart
|
City |
5km |
10km |
25km |
|
Thunder Bay |
$15.81 |
$27.71 |
$63.42 |
|
Niagara Falls |
$14.61 |
$25.98 |
$60.07 |
|
Ottawa Requested 11.5% |
$13.65 |
$23.76 |
$54.10 |
|
Mississauga – 8% HST* |
$12.99 |
21.73 |
$47.96 |
|
Oshawa – 8% HST* |
$12.96 |
$22.38 |
$50.72 |
|
Toronto – 8% HST* |
$12.74 |
$21.48 |
$47.71 |
|
Markham-8% HST* |
$12.74 |
$21.48 |
$47.71 |
|
Ottawa-8%HST |
$12.53 |
$21.73 |
$49.32 |
|
Oakville – 8% HST* |
$12.42 |
$21.60 |
$49.52 |
|
London |
$12.32 |
$21.24 |
$48.03 |
|
Hamilton |
$12.17 |
$21.28 |
$48.59 |
|
Ottawa - Current |
$11.71 |
$20.32 |
$46.12 |
|
Montreal |
$11.30 |
$19.30 |
$43.30 |
|
Regina |
$10.89 |
$18.47 |
$41.20 |
|
Edmonton |
$10.81 |
$18.20 |
$40.44 |
|
St. Johns |
$10.78 |
$18.31 |
40.90 |
|
Calgary |
$10.61 |
$18.02 |
$40.24 |
|
Windsor-8% HST* |
$10.59 |
$17.84 |
$39.58 |
|
Halifax |
$10.42 |
$17.90 |
$40.42 |
|
Winnipeg |
$10.30 |
$17.19 |
$37.88 |
|
Vancouver |
$10.05 |
$18.80 |
$45.05 |
*reflects
an 8% increase should such adjustments be approved by respective Councils
|
Year |
Percentage
Increase |
Other
adjustments |
|
2001 |
6.0% |
|
|
2003 |
10.0% |
|
|
2004 |
7.0% |
|
|
2005 |
7.5% |
|
|
2006 |
|
$0.05 surcharge on drop rate |
|
2008 |
10% |
$0.10 replaces the $0.05 surcharge |
|
Total |
40.5% |
|
TAXI BY-LAW – AMENDMENTS RELATED TO VEHICLE STANDARDS,
METER RATE ADJUSTMENTS AND MINOR ADMINISTRATIVE CORRECTIONS
REGLEMENT SUR LES SERVICES
DE TAXI – MODIFICATIONS DES STANDARDS DES VEHICLES, L’AJUSTEMENT DES TARIFS DE
TAXIMETRE et MODIFICATIONS ADMINISTRATIVES MINEURES
ACS2010-COS-EPS-0025 CITY-WIDE / À L’ÉCHELLE DE LA VILLE
Susan Jones, General Manager, Emergency and Protective Services introduced the item before the Committee and those who would be giving the presentation, Linda Anderson, Chief, By-law and Regulatory Services, Philip Powell, Program Manager, Licensing, Permits and Markets and Valerie Bietlot, City Legal Counsel.
Linda Anderson stated that they would abbreviate the presentation and drill down to the taxi meter adjustments. She noted that the taxi industry is able to have one adjustment to the taxi rate every year and that rate is to take effect on October 1st of that year. The industry must request it by June 1. A taxi cost index is used to determine that rate which is built into the by-law. She stated that a request was received for a total increase of 11.5%. She noted that 8% of that directly attributable to the new harmonized sales tax (HST) and a 3% cost of living increase. However, based on the taxi cost index they would be eligible for a 1.8% cost of living increase. Since they had not received an increase in 2 years, this would rise to 3.5% for a cost of living increase. Much of the information was covered in a PowerPoint presentation which is held on file with the City Clerk’s office. In summary, staff is recommending an 8% increase simply to address the July 1st HST, as well, the 10% surcharge for security cameras would come off the meters on July 1st rather than October 1st. She also commented that there are now 1,158 taxi cabs in the City and it would take a couple of months to get all the meters adjusted and the inspection would therefore take place in early fall.
Chair Deans asked for further clarification on the effect of the HST on the customers and the taxi drivers. It was her understanding that drivers would now be able to claim 100% of the tax on the purchase of such items as tires, vehicles, fuel, etc… where as prior to July 1 they are not able to get the 8% PST back. Brian McCuan, Manager, Financial Policy, Compliance and Systems introduced Sylvia Theriault, Senior Business Consultant in charge of commodity taxes who will be answering many of the questions on the HST. Sylvia stated that at the present time any purchases where PST is encountered it is a complete sunk cost which means it is not refundable. With the introduction of the HST which is the harmonization of the 8% PST and 5% GST, taxes related to the purchase of items for a taxi driver’s business will be fully refundable. This means a gain to the drivers.
Chair Deans
wants to ensure that the City is fair to the travelling public and that they benefit
from this somehow in the fares. Mr.
McCuan stated that a study has not been done at this time to examine what the
cost to the drivers are prior to the HST and what they will be like post July 1st. Chair Deans suggested that over the next year
there be a study done on the impacts and benefits of the HST on the taxi
industry. Linda Anderson has taken this as
a direction to staff.
Councillor Chiarelli inquired if the taxi industry is one of those operations that will benefit from the introduction of the HST. Sylvia Theriault stated yes. She reiterated that prior to July 1st any expenditures that included the 8% PST that tax was not refundable but after July 1st it will be under the HST.
In response to Councillor Qadri’s question regarding the new tax on gas Sylvia Theriault confirmed that it would be refundable if used for business purposes such as taxis.
Councillor Chiarelli stated that he would introduce a motion dealing with long term taxi drivers who have failed to renew or missed their renewal date so that they would not be required to go back to square 1 and school but rather be required to pay a penalty.
Councillor Qadri inquired as to what that penalty might be. Linda Anderson said that currently the late fee for renewing is $50. Councillor Qadri stated that the penalty should be higher if they are being exempted from having to take a course and should be in the vicinity of $300. He asked if this could be a friendly amendment. It was acceptable to Councillor Chiarelli.
The Committee heard from the following delegations:
Ziad Adi, Airport Taxi Union, stated that this has been a bad year for taxi drivers mainly due to the recession, the closing of the convention centre, the prorogation of Parliament, the layoffs and closings in high-tech firms and the mild short winter. He stated that although the increase from 2001 to 2008 appears to be 40.5% it must be remembered that from 1992 to 2000 there were no increases whatsoever. Over an 18 year period it comes to 2.2% per year. Many costs have increased such as insurance, City fees, fuel, vehicles, maintenance, etc… He noted that the Taxi Cost Index has not been updated since 2002. He hopes the Committee will approve the 11.5% requested by the drivers.
Chair Deans admitted that bandit cabs have become a problem but it would not get better if meter rates were allowed to increase so greatly. The City has one of the highest fares in the country and an increase of 11.5% would make it out of whack.
Jaswinder Singh, Canadian Auto Workers Local 1688, Ontario Taxi Union, represents approximately 2,300 drivers in the Ottawa area. His main issue is the bandit cabs. He would like the City to do more to hinder the operation of bandit cabs. He said there were about 34 illegal brokers working in the industry. They would like the City to approach the Province to impound illegal cabs and set a higher fine.
Chair Deans commented that the City has had campaigns in the past warning residents not to take bandit cabs for many reasons such as safety. She feels that perhaps more campaigns should be done and the motion to be introduced should help with that.
Moved by R. Chiarelli
Be It Resolved that a licensed standard or
accessible taxi driver with no less than 10 (ten) years experience as a license
taxi driver in the City of Ottawa be exempt from the requirement to complete
the basic and accessible education training course if this/her license has
lapsed and the individual wishes to apply for a new license, provided that all
other requirements of the By-law are met.
And Be It Further Resolved that these
individuals be subject to an additional $300.00 application fee in order to
re-apply for a license.
CARRIED
Moved by P. Feltmate
WHEREAS By-law and Regulatory Services
undertakes enforcement “blitzes” to track, investigate and charge illegal taxi
operations;
AND WHEREAS, even with successful
convictions, the popularity of bandit cabs appears to be growing;
AND WHEREAS, bandit cab operations take
fares away from legitimate licensed taxicab drivers, result in tax and
insurance fraud, and may use unsafe vehicles;
AND WHEREAS, the potential for more serious
crime is present;
THEREFORE BE IT RESOLVED THAT the Community and Protective Services recommend that Council request that the Province of Ontario grant municipalities the authority to impound vehicles that are known to have operated as bandit cabs or that are operating as bandit cabs, and that the City Clerk be directed to send such a request to the Ministers of Municipal Affairs and of Transportation.
CARRIED
Moved by P. Feltmate
WHEREAS the greening of municipal taxi
fleets would help the province’s carbon foot print;
AND WHEREAS, the purchase cost of hybrid
vehicles continues to be a deterrent to such vehicles being used as taxicabs;
AND WHEREAS, the current City of Ottawa
incentive that allows low emission vehicles one additional year of taxicab
service has not been sufficient to increase the number of natural gas or
propane powered vehicles, and will likely see similar results with hybrids or
electric cars;
THEREFORE BE IT RESOLVED THAT the Community
and Protective Services recommend that Council request that the Province of
Ontario provide additional financial incentives to offset the higher costs of
hybrid or electrically powered vehicles being used in taxicab fleets in
Ontario, and that the City Clerk be directed to forward such request to the
Ministers of Transportation and of the Environment.
CARRIED
That the Community and Protective Services
Committee recommend Council:
1. Approve amendments to Taxi By-law Number 2005-481, as
amended, to be effective July 1, 2010 as outlined in this report and attached
in Document 1, to:
(a) Replace outdated vehicle standards that prevent approval of
some low emission and hybrid vehicles from becoming taxicabs;
(b) Revise the implementation date for taxicab drivers to have
completed the Refresher Training Course as a condition for renewing their
licenses;
(c) Approve
a taxi meter rate adjustment based on:
(i) the introduction of the Harmonized Sales Tax on July 1,
2010; and
(ii) the scheduled repeal of the ten ($0.10) cent surcharge on the
drop rate on October 1;
(d) Clarify that License Committee decisions are to be given to
the Chief License Inspector within seven (7) business days rather than the
stated seven (7) days, as currently provided in the Taxi By-law; and
(e) Effect housekeeping matters related to spelling and to
correct typographical errors.
2. Receive
information outlined in this report respecting:
(a) Taxi
Driver Appreciation Event; and
(b) The
2010 Bandit Cab Public Awareness Programme.
3. Request that the Province of Ontario
grant municipalities the authority to impound vehicles that are known to have
operated as bandit cabs or that are operating as bandit cabs, and that the City
Clerk be directed to send such a request to the Ministers of Municipal Affairs
and of Transportation
4. Request that the Province of Ontario
provide additional financial incentives to offset the higher costs of hybrid or
electrically powered vehicles being used in taxicab fleets in Ontario, and that
the City Clerk be directed to forward such request to the Ministers of
Transportation and of the Environment.
5. Approve
that a licensed standard or accessible taxi driver with no less than 10 (ten)
years experience as a license taxi driver in the City of Ottawa be exempt from
the requirement to complete the basic and accessible education training course
if this/her license has lapsed and the individual wishes to apply for a new
license, provided that all other requirements of the By-law are met and that
these individuals be subject to an additional $300.00 application fee in order
to re-apply for a license.
CARRIED as amended